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Home My WebLink Aboutbocc.ord.006.2017 AN EMERGENCY ORDINANCE OF TI IE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROIIIBIfING BOTH THE CONSUMPTION OF ALCOHOL ON UNLICENSED PUBLIC PREMISES, AND THE PUBLIC CONSUMPTION OF MARIJUANA, FOR THE DURATION OF THE 2017,2018 and 2019 ESPN WINTER X GAMES ORDINANCE NO.CO& -2017 RECITALS I. Section 30-35-301 C.R.S. authorizes Home Rule counties to make and publish ordinances to discharge the powers conferred upon such counties by law. Pitkin County is a Home Rule County. 2. Section 30-15-402, C.R.S. specifies that any person who violates any county ordinance commits a Class 2 Petty Offense and that a penalty assessment procedure shall be followed if specified by the county ordinance. 3. The purpose of this Ordinance is to regulate the possession and consumption of alcoholic beverages and marijuana in public places within Pitkin County for the duration of the 2017, 2018 and 2019 ESPN Winter X Games (X Games), which are being held on Buttermilk Mountain from January 26 through January 29. 2017, January 25 through 28,2018 and January 24 through 27, 2019. 4. In the past, public conduct related to inebriated persons presenting at the Winter X Games created numerous problems. 5. The BOCC has adopted ordinances prohibiting possession and consumption of alcoholic beverages on unlicensed public premises throughout the County for the duration of the X Games since the year 2008, which has led to a significant reduction in alcohol related incidents at the events. Therefore, the County will once again enforce this regulation. 6. This Ordinance applies to Pitkin County in its entirety, including any shuttle parking lots established for the events, as persons have been known to consume alcohol both at the event venue itself and at various public locations throughout the County prior to arriving at the event venue. 7. The Board finds that it is unlawful to consume malt, vinous, or spirituous liquor in any public place except on any licensed premises, pursuant to C.R.S. § 12-47-901; or to openly and publicly display, use or consume marijuana, pursuant to C.R.S..§18-18-406 (III)(b)(I). 8. This Ordinance becomes effective at 12:01 a.m. on the first date of each year's event, and it will sunset at 12:01 a.m. following the last day of each year's event. 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. INTRODUCED,READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON S THE 1DAY OF 4/NII vud U_ _2017 ANU ET FOR CONFIRMATORY PUBLIC HEARING ON THE 19""" DAY OF ` tuav _ , 2017. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANC PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE V _ DAY OF ua✓ ^ 2017. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE. ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com ON THE 9444#9444# DAY OF£LtZvgv`'Q— 2017. COyNFJRMED AT A PUBLIC HEARING ON THF,,W)‘-‘7 DAY OF Yvarr 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUP{C HEARING, IN THE ASPEN TIMES WEEKLY ON 'HIE „VIA-cc DAY OF J__ uuY , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFF IAF. PITKIN COUN'T'Y WEBSITE www.pitkincounty.com ON THE 9I DAY 01:_k-%itule vv2017. i A TE'T: BOAOF COUNTy OMMISSIONERS IVAJI IV1114 14 By Cc(�t/��PNe man,C /t/LA"---N Je ette Jones G if rge air D uty County Cle Date:/Z6/7 APPROVED AS TO FORM: MANAGER APPROVAL Joey;Cou t orney on P .cock, County Manager 2 PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES DEFINITIONS A) For purposes of this Ordinance alcoholic beverages means any fermented malt beverage or any malt, vinous or spirituous liquors as defined under the Colorado Liquor Code. B) For purposes of this Ordinance container means any enclosing structure or vessel including but not limited to decanter,flask, bottle,jar, themios. bottle,cup,can,jug or hydration vessel. C') For purposes of this Ordinance marijuana means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,or its resin, including marijuana concentrate. D) For purposes of this Ordinance public place means: I) In or on any public highway, street, walkway,parking lot,building, park,open space or other public property,whether in a vehicle or not. 2) In or on those portions of any private property upon which the public has an express or implied license to enter or remain. 3) In or on any other private property without the expressed or implied permission of the owner or person in possession and control of such property. 4) In any vehicle whether the vehicle is traveling upon public or private highways and roads within Pitkin County or parked in any location. F.) For purposes of this Ordinance,opened container means any container other than the original closed container as sealed or closed for sale to the public by the manufacturer or bottler of the liquor or beverage.If an original container has been unsealed or opened in any manner, it is considered an open container for purposes of this section. 2. POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND MARIJUANA IN PUBLIC PLACES PROHIBITED A) No person within Pitkin County shall possess an opened container of, or consume any malt,vinous,or spirituous liquor or fermented malt in a public place,except in premises licensed for consumption of liquor or beverage involved or for events licensed with a Pitkin County Special Event Permit to be conducted in a public place, and specifically licensed to provide alcoholic beverages at such event B) No person within Pitkin County shall openly and publicly display, consume or use marijuana. 0 C) Any Colorado Peace Officer is authorized to enforce this Ordinance and to seize any malt, vinous or spirituous liquor or fermented malt or marijuana possessed in violation of this section. If circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the alcoholic beverage and marijuana or require the possessor to abandon the beverage to the officer for destruction, at such person's option. 3. VIOLATIONS-PENALTIES A) Violation of any part of this Ordinance shall be a Class 2 Petty Offense with a maximum fine not to exceed $250. Any Colorado Peace Officer shall he authorized to serve a Summons and Complaint or Penalty Assessment, at his/her discretion, on any Person who violates the provisions of this Ordinance. Summonses and Complaints shall be referred to the District Attorney for prosecution in Pitkin County Court. Non-payment of a Penalty Assessment shall result in prosecution of the Penalty Assessment as a Summons and Complaint pursuant to §16-2-201, C.R.S., as amended. B) Any person who aids, assists or abets any person in violation of this Ordinance shall he subject to the same penalties specified in paragraph A of this section. C) Proceeds from penalty payments relative to this Ordinance shall be forwarded to the Board of County Commissioners of Pitkin County, Colorado, for inclusion within the County general fund pursuant to C.R.S. §30-15-402. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that it hereby adopts and enacts the following regulations pertaining to the public consumption of malt. vinous or spirituous liquors, and the open and public display, use or consumption of marijuana. This Ordinance shall be effective beginning at 12:01 a.m. on the first date of each year's event,and shall sunset and repeal without further action of the Board of County Commissioners of Pitkin County, Colorado, at 12:01 a.m. following the last day of each year's event. 2